Section 15 Criteria for Application of Writ of Mandamus

• Library: Administrative Law 2011

Mandamus is an extraordinary remedy designed to enforce, not to establish, a right or claim. State ex rel. Comm’rs of State Tax Comm’n of Mo. v. Schneider, 609 S.W.2d 149, 151 (Mo. banc 1980). Mandamus is a discretionary writ and not a writ of right. State ex rel. Chassaing v. Mummert, 887 S.W.2d 573, 576 (Mo. banc 1994). The right sought to be enforced must be clearly established and presently existing. Id. It is an extraordinary remedy effective to compel performance of a particular act by one who has an...